Court of Appeal for Ontario

CITATION: Welland (City) v. Power Plus Distributors Inc., 2009 ONCA 439

DATE: 20090526

DOCKET: C49227

BEFORE: Feldman, Juriansz and MacFarland JJ.A.

BETWEEN:

The Corporation of the City of Welland

Plaintiff (Respondent)

and

Power Plus Distributors Inc., Universal Management Consultants Inc., Foreclosure Survivors Network Corp., Barter Group Inc., Resort Resolutions International Inc. and Gaspare Securities Limited

Defendants (Appellants)

COUNSEL:

Luigi De Lisio for the appellant

Thomas Hanrahan for the respondent

Heard and endorsed: May 25, 2009

On appeal from the order of Justice L. Walters of the Superior Court of Justice dated July 11, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant takes no issue on appeal that Walters J. was entitled to find that the lease was not renewed by letter of February 2007. That was in fact the only issue referred to Walters J. by Matheson J.

[2] However, Walters J. also dealt with a further issue raised by the appellant before her, that the tenancy had become a yearly tenancy which required six months notice to terminate. Walters J. rejected that argument on the basis that the lease contained a no-overholding clause. We see no error in her conclusion.

[3] The appeal is therefore dismissed. Costs of the appeal, fixed in the amount of $7,500 inclusive, payable by the appellant.